The Commission for Territorial Cohesion Policy and EU Budget, of the European Committee of the Regions has prepared the report, Spatial Planning, and Governance within EU Policies and Legislation and their relevance to the New Urban Agenda, 2018. Table 2 below from the report summarizes examples of EU competencies and activities with significant influence on spatial planning, as well as Intergovernmental cooperation spatial and urban policies.

Environmental legislation

The Strategic Environmental Assessment (SEA) directive 2001/42/EC requires an impact assessment to be conducted for certain plans and programs prepared or adopted by national, regional, or local authorities. This includes amongst others land use plans and other spatial plans. The SEA assesses these plans according to the environmental effects especially in the fields of fauna, flora, human health, soil water, air, cultural heritage, etc. according to international, EU-wide, or MS-wide environmental goals. It analyses the impact of the planned activities on protected areas. Measures undertaken to reduce adverse effects need to be identified. The SEA contributes to sustainable and integrated urbanization and human settlement planning mentioned in UN SDG 11 as well as to Article 98 of the New Urban Agenda.

The Environmental Impact Assessment (EIA) directive 2011/92/EU requires an impact assessment for certain types of large-scale projects, including among others urban development projects, industrial development projects, motorways, railways, and other transport infrastructure. The assessment must include information on all relevant environmental effects on fauna, flora, biodiversity, human health, soil water, air, cultural heritage, etc.. Measures undertaken to reduce adverse effects need to be set up. EIAs contribute to sustainable human settlement planning mentioned in UN SDG 11 as well as Article 98 of the New Urban Agenda is to be expected.

The Birds Directive 2009/147/EC aims at protecting, managing, and controlling all species of birds within the EU and establishes the Natura 2000 Network in combination with the Habitat Directive 92/43/EEC. The main influence on spatial planning is exerted by requiring the creation of special protective areas for endangered species and endangered habitats. Within those areas, the directive requires impact assessments to be carried out for each project or plan likely to affect the protective goals.

The Water Framework Directive (WFD) 2000/60/EC in general aims for a coordinated approach towards water management and improving water quality within the EU. It calls for the creation of river basin management units based on hydrographical factors and the development of territorially oriented plans for the river basins. In some Member states new territorially based authorities were established. Building on the WFD, the Floods Directive (FD) 2007/60/EC aims for the reduction of adverse effects of floods to human health, cultural heritage, the environment, and economic activities. Under the directive, flood risk maps and flood risk management plans have to be prepared by the Member States, which among other instruments should utilize spatial planning as a mitigation tool. Thus, both directives have a clear impact on sustainable human settlement planning and management as well as Article 98 of the New Urban Agenda.

The Environmental Noise Directive (END) 2002/49/EC aims at reducing the harmful effects of noise on human health. Periodical mapping of noise effects on agglomerations from infrastructural facilities such as major roads, railways, or airports is required. Action plans aiming at the reduction of identified noise issues are required to be elaborated. The END introduces the terms “acoustical planning” and “noise zoning”, specifically mentioning land use planning as a possible tool to reduce the adverse effects of noise. The potential of contributing to sustainable settlement planning as mentioned in UN SDG 11 and to articles 98 and 105 of the New Urban Agenda, therefore, is high, however little use of acoustic zoning has been reported for the last 16 years (ESPON 2018, Annex 7).

The SEVESO III Directive 2012/18/EU targets the reduction of risks due to hazardous materials emphasizing risk mitigation by land use planning. Planning authorities have to ensure, that risks especially for residential areas and sensitive natural areas are taken into account in the planning process when zoning land for enterprises with potential risks. The Directive can thus be considered to contribute to UN SDG 11 as well as Article 98 of the New Urban Agenda.

Waste Management Plans as required by the Waste Framework Directive (WaFD) 2008/98/EC aim at reducing adverse effects of waste on human health and the environment. These plans are oriented towards the organizational side of waste prevention with little regard for the spatial perspective. The creation of inter-municipal cooperation networks in waste treatment facilities can however be considered a contribution to Article 96 of the New Urban Agenda. More explicitly than the WFD, the Landfill Directive (LD) 1999/31/EC regards the spatial perspective as it requires sites for landfills to be chosen only in consideration of (among others) distance to residential, recreational, or other urban areas.

Legislation in regard to Energy

The Renewable Energy Directive 2009/28/EC establishes a common framework for the use of energy from renewable sources within the European Union. It sets mandatory national targets for the overall share of energy from renewable sources in gross final consumption of energy and for the share of energy from renewable sources in transport. It lays down rules relating to statistical transfers between Member States, joint projects between Member States and with third countries, guarantees of origin, administrative procedures, information and training, and access to the electricity grid for energy from renewable sources. It establishes sustainability criteria for biofuels and bioliquids. Member States shall ensure that the respective responsibilities of national, regional, and local administrative bodies for authorization, certification, and licensing procedures including spatial planning are clearly coordinated and defined, with transparent timetables for determining planning and building applications. Thus, the directive has a clear impact on sustainable human settlement planning and management mentioned in UN SDG 11 as well as articles 96, 98, and 105 of the New Urban Agenda.

The Energy Efficiency Directive 2012/27/EU establishes a common framework of measures for the promotion of energy efficiency within the Union in order to ensure the achievement of the Union’s 2020 target on energy efficiency. The directive lays down rules designed to remove barriers in the energy market and to overcome market failures that impede efficiency in the supply and use of energy. Member States should encourage municipalities and other public bodies to adopt integrated and sustainable energy efficiency plans, to involve citizens in their development and implementation. Such plans can yield considerable energy savings, especially if they are implemented by energy management systems that allow the public bodies to better manage their energy consumption. The directive has a clear impact on sustainable human settlement planning and management as mentioned in UN SDG 11 as well as articles 96, 98, and 105 of the New Urban Agenda.

The Regulation (EU) 347/2013 on Guidelines for Trans-European Energy Infrastructure lays down guidelines for the timely development and interoperability of priority corridors and areas of trans-European energy infrastructure. The planning and implementation of projects of common interest in the areas of energy, transport, and telecommunication infrastructure should be coordinated from an overall economic, technical, environmental, and spatial planning point of view. Preference should be given to integrating transport, communication, and energy networks in order to ensure that as little land as possible is taken up, ensuring, that existing or disused routes are reused, in order to reduce to a minimum any negative social, economic, environmental, and financial impact. Projects of common interest shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes – and if national law so provides, in spatial planning – including those relating to environmental assessments. The directive has a clear impact on sustainable human settlement planning and management as mentioned in UN SDG 11 as well as articles 96 and 98 of the New Urban Agenda.

Cross-Walking Relevant EU Directives to Environmental Sustainability Recommendations of UN Habitat's "International Guidelines: Urban and Territorial Planning"[TV1] [TS2] [TV3] 

Several of the EU directives described above are directly relevant to the 11 environmental sustainability recommendations, (a) – (k), listed in item 14, Local Authorities, on pages 21-22 of UN Habitat's "International Guidelines: Urban and Territorial Planning", as outlined below. Section 5 includes a table arraying the UN Habitat recommendations against the EU Directives among other important factors such as the SDGs (see Table 8).

(a) Formulate urban and territorial plans as a mitigation and adaptation framework in response to climate change and for increasing the resilience of human settlements, especially those located in vulnerable and informal areas.

The following EU Directives are relevant to this recommendation:

·  Climate Change Adaptation Directive (2013/33/EU)

·  Spatial Planning Directive (2007/2/EC)

·  Environmental Impact Assessment Directive (2011/92/EU)

Local authorities can use these directives to develop urban and territorial plans that are resilient to climate change. For example, they can plan for the development of green spaces, which can help to reduce the urban heat island effect and improve air quality. They can also plan for the development of public transportation systems, which can help to reduce greenhouse gas emissions.

(b) Set up and adopt efficient low-carbon urban forms and development patterns as a contribution to improving energy efficiency and increasing the access and use of renewable energy sources.

The following EU Directives are relevant to this recommendation:

·  Energy Efficiency Directive (2012/27/EU)

·  Renewable Energy Directive (2009/28/EC)

·  Energy Performance of Buildings Directive (2010/31/EU)

Local authorities can use these directives to develop low-carbon urban forms and development patterns. For example, they can promote the development of compact cities with mixed land uses, which can reduce the need for travel and improve energy efficiency. They can also invest in renewable energy infrastructure, such as solar and wind power.

(c) Locate essential urban services, infrastructure, and residential developments in low-risk areas and resettle, in a participatory and voluntary way people living in high-risk areas to more appropriate locations.

The following EU Directive is relevant to this recommendation:

·  Environmental Impact Assessment Directive (2011/92/EU)

Local authorities can use this directive to assess the risks posed by climate change to different areas and to locate essential urban services, infrastructure, and residential developments in low-risk areas. They can also work with people living in high-risk areas to resettle them to more appropriate locations in a participatory and voluntary way.

(d) Assess the implications and potential impacts of climate change and prepare for the continuity of key urban functions during disasters or crises.

The following EU Directive is relevant to this recommendation:

·  Climate Change Adaptation Directive (2013/33/EU)

Local authorities can use this directive to assess the implications and potential impacts of climate change on their communities. They can then develop plans to prepare for the continuity of key urban functions during disasters or crises.

(e) Use urban and territorial planning as an action plan to improve access to water and sanitation services and reduce air pollution and the amount of water wasted.

The following EU Directive is relevant to this recommendation:

·  Water Framework Directive (2000/60/EC)

Local authorities can use this directive to develop urban and territorial plans that improve access to water and sanitation services and reduce air pollution and water waste. For example, they can promote the development of green infrastructure, such as rainwater harvesting systems and green roofs, to reduce water runoff and improve air quality.

(f) Apply urban and territorial planning to identify, revitalize, protect, and produce high-quality public and green spaces with special ecological or heritage value, integrating the contributions of the private sector and civil society organizations into such undertakings, and to avoid the creation of heat islands, protect the local biodiversity and support the creation of multifunctional public green spaces, such as wetlands for rainwater retention and absorption.

The following EU Directive is relevant to this recommendation:

·  Habitats Directive (92/43/EEC)

Local authorities can use this directive to identify and protect high-quality public and green spaces with special ecological or heritage value. They can also work with the private sector and civil society organizations to revitalize and improve these spaces. Additionally, they can design urban and territorial plans to avoid the creation of heat islands, protect local biodiversity, and support the creation of multifunctional public green spaces.

(g) Identify and recognize the value of declining built environments with a view to revitalizing them, taking advantage of their assets, and strengthening their social identity.

The following EU Directive is relevant to this recommendation:

·  Urban Waste Water Treatment Directive (91/271/EEC)

**Local authorities

(h) Integrate solid and liquid waste management and recycling into spatial planning, including the location of landfills and recycling sites.

The following EU Directive is relevant to this recommendation:

·  Waste Framework Directive (2008/98/EC)

Local authorities can use this directive to integrate solid and liquid waste management and recycling into spatial planning. For example, they can locate landfills and recycling sites in areas that are distant from residential areas and that minimize the risk of environmental pollution.

(i) Collaborate with service providers, land developers, and landowners to closely link spatial and sectoral planning and to promote intersectoral coordination and synergies between services such as water, sewerage and sanitation, energy and electricity, telecommunications, and transport.

The following EU Directive is relevant to this recommendation:

·  Spatial Planning Directive (2007/2/EC)

Local authorities can use this directive to collaborate with service providers, land developers, and landowners to closely link spatial and sectoral planning. This can help to promote intersectoral coordination and synergies between services such as water, sewerage and sanitation, energy and electricity, telecommunications, and transport. For example, local authorities can work with service providers to locate new infrastructure in areas that are well-served by public transportation.

(j) Promote the construction, retrofitting, and management of “green buildings” through incentives and disincentives, and monitor their economic impacts.

The following EU Directive is relevant to this recommendation:

·  Energy Performance of Buildings Directive (2010/31/EU)

Local authorities can use this directive to promote the construction, retrofitting, and management of "green buildings." For example, they can offer financial incentives to developers and homeowners to build and renovate green buildings. They can also require new buildings to meet certain energy efficiency standards. Additionally, local authorities can monitor the economic impacts of green buildings to track their progress in reducing energy consumption and greenhouse gas emissions.

(k) Design streets that encourage walking, the use of non-motorized transport, and public transport, and plant trees for shade and carbon dioxide absorption.

The following EU Directive is relevant to this recommendation:

·  Sustainable Urban Mobility Plans (SUMP) Guidelines

Local authorities can use the SUMP Guidelines to design streets that encourage walking, the use of non-motorized transport, and public transport. For example, they can create dedicated bike lanes and pedestrian walkways. They can also improve public transportation infrastructure and make it easier for people to access public transportation. Additionally, local authorities can plant trees along streets to provide shade and absorb carbon dioxide.

Overall, EU Directives provide a framework for local authorities to implement the environmental sustainability recommendations listed in the UN-Habitat guidelines. By following these directives, local authorities can help to create more sustainable and livable communities.